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2025 DAILYLAW 77258 (ALL)

SANJAY SINGH v. STATE OF U.P THROUGH ITS PRINCIPAL SECRETARY (HOME)

CRLR/3694/2025 · 2025-08-04

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131985 Court No. - 84 Case :- CRIMINAL REVISION No. - 3694 of 2025 Revisionist :- Sanjay Singh Opposite Party :- State Of U.P Through Its Principal Secretary (Home) Counsel for Revisionist :- Rakesh Kumar Mathur,Rampyare Lal Srivastava,Subash Chandra Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist, Sri Rohit Saran Tomar learned counsel for the opposite party as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with a prayer to allow the revision, call for record and set aside the impugned judgment and order dated 07.05.2025 passed by the learned Incharge Judicial Magistrate/Civil Judge (Junior Division)/F.T.C. (Crime Against Women) Etah in Case No. 869 of 2017 (Smt. Manju Yadav Vs. Sanjay Singh and others) under Section 12 of Protection of Women From Domestic Violence Act, 2005, Police Station Kotwali, District Etah, directing to pay interim maintenance allowance in seven installments started from 09.05.2025 as well as impugned orders dated 21.05.2025, 04.06.2025 and 02.07.2025 issuing recovery warrant/arrest warrant. It is submitted by learned counsel for the revisionist that in this case the amount of arrears of maintenance was Rs. 8,58,000/- on 03.09.2024 regarding which an application was moved by the wife/opposite party no. 2. The learned trial court has divided the amount of arrears in seven installments by order dated 07.05.2025. He further submits that the total salary of the revisionist is Rs. 85,000/- per month out of which the amount of arrears and current amount of maintenance is to be paid. In the past he could not make payment of amount of maintenance due to illness of his mother in which he incurred huge expenses and also took loan for her treatment, therefore, request to divide the amount in such installment to enable him to make payment easily and also his own survival with the family. Learned counsel for the opposite party opposed the prayer as aforesaid and contended that in this case the revisionist has knowingly avoided the payment of amount of maintenance so it became in arrears though he agreed to divide the amount of arrears of maintenance in reasonable installments to make the revisionist able for payment. In considered opinion of this Court since Rs. 8,58,000/- were in arrears as on 03.09.2024 when the application was moved by the opposite party no. 2 and the income of the revisionist is Rs. 85,000/- per month out of which it will be just and proper to divide the amount of arrears into twenty five equal installments then it comes about Rs. 36,000/- per month and the current amount of maintenance is Rs. 18,000/- per month. Thus, revisionist is directed to make payment of arrears of amount in twenty five equal installments i.e. Rs. 36,000/- per month month to month with current amount of maintenance Rs. 18000/-. In case, he fails to make payment of such amount the learned trial court will be at liberty to proceed further for realization of arrears of amount as aforesaid. Accordingly, this criminal revision is allowed and the order dated 07.05.2025 along with subsequent orders for recovery are hereby set aside. Order Date :- 5.8.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad